KINARAM DAS Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THE petitioner prays for quashing of the appellate order dated 12 -4 -1982 passed by the Conservator of Forests, Northern Assam Circle, Tezpur whereby "the Conservator", respondent No. 2 set aside the order of Divisional Forest Officer, Nowgong (respondent No. 3).

(2.) THE intrinsic facts necessary for the purpose of the writ application may be let out thus: Simultola Cotton Mahal No. 4 was advertised for sale under the Assam Sale of Forest Coupes and Mahal Rules, 1977, "the Rules" for short. Respondent No. 4 Abdul Sobhan offered only Rs. 13,101 whereas the petitioner offered Rs. 24,151. The petitioner who is a member of the Listed Class made the offer in accordance with the provision of the Rules. It was in writing and his offer was accepted by the Divisional Forest Officer, ("D.F.O." for short), vide Annexure I. The period of Settlement is from 1 -3 -82 to 31 -8 -82. However, before the petitioner could reap the benefit of the order of the D.F.O. respondent No. 4 preferred an appeal under Rule 9 of "the Rules" and impugned order at Annexure II passed by 'the Conservator", on the face of it, is illegal and void. The petitioner had written in his tender form that his offer was Rs. 24,151, but while writing in words, it was stated that the offer was "Rupees twenty -four thousand one hundred and fifty five only".

(3.) IN the result, we accept the petition, make the Rule absolute, set aside the appellate order dated 12 -4 -82 and direct the Divisional Forest Officer, Nowgong, to settle the mahal in question in favour of the petitioner. However, there will be no order as to costs.